If you follow Colorado crime and/or their criminal courts, you know that criminal charges are almost exclusively by Complaint and Information, and not by Grand Jury Indictment.
There are exceptions to this popular rule, and I truly believe BM will only be recharged by GJ Indictment, removing all the political barriers that plagued his earlier charges, including the AA, and more importantly, eliminating the preliminary hearing.
SM's body was recovered last September. Statute provides that grand jury summons require the recipient to return the completed summons within 10 days, and if the selected as a juror for the grand jury, the term is for 12 months (service can be extended for up to 18 months).
IMO, I'd say we are probably getting close for a grand jury session of 12-23 residents to end, and I trust the jurors were not tainted by the politics of one defender who had the audacity to challenge that probable cause exists that BM murdered his wife -- then (initial arrest), or now.
Crim. P. 6.6;see also C.R.S. § 13-74-107(2); C.R.S. § 13-72-108.
During the indictment return hearing, the Court usually sets bond, issues the arrest warrant, and rules on any motion to seal indictment. And while the prosecutor typically tenders the indictment in this District, there is a provision in Crim. P. 6.6(a) where the full grand jury or the foreman of the grand jury could return the indictment in open court. Simply put, the Court does not control who will be returning the indictment in open court.
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That said, it appears that precedent has been set to exempt Grand Jury Indictment Returns from being live streamed in District Court. Here's hoping the 12th Judicial District can address the issues surround protecting the identity of the grand jurors, and any other concerns, in advance, to allow consideration for streaming the Indictment Return Hearing.
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1Grand juror confidentiality is essential to the grand jury process, and grand juror confidentiality does not end when an indictment is returned.
Order Exempting Grand Jury Indictment Return Hearing
ETA: Knowing that a prominent Colorado defense attorney would go so far as to allege in U.S. District Court (Federal Court) that there was no probable cause to arrest BM, and throw shade at the Justice who ruled on this very subject to bound BM over for trial, should be a warning in itself to all Colorado Judicial Districts. I especially worry for these smaller districts, and hope they receive support from their larger neighbors to stop such defense antics, dead in their tracks. MOO